Sandoval-Osegura v. Harvey Pallets Management Group, LLC

Defendant 's ANSWER to 1 Complaint, by Harvey Pallets Management Group, LLC.

Eastern District of Missouri, moed-4:2019-cv-00096

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Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 1 of 17 PageID #: 35 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION HAMILTON SANDOVAL-OSEGURA, individually and on behalf of all others similarly situated, Plaintiff, vs. Case No. 4:19-cv-00096-AGF HARVEY PALLETS MANAGEMENT GROUP, LLC, Defendant. DEFENDANT'S ANSWER AND AFFIRMATIVE AND OTHER DEFENSES TO PLAINTIFF'S COMPLAINT COMES NOW Defendant Harvey Pallets Management Group, LLC ("Defendant" or "Harvey Pallets"), and for its Answer and Affirmative and Other Defenses to Plaintiff Hamilton Sandoval-Osegura's ("Plaintiff") Complaint, states as follows: In response to Plaintiff's introductory paragraphs, Defendant admits Plaintiff purports to bring this claim as a collective and class action under the Fair Labor Standards Act ("FLSA") and under Missouri Minimum Wage Law ("MMWL"), however, Defendant denies any wrongdoing under the FLSA and Missouri law or that Plaintiff or any putative class or collective are entitled to any relief, and similarly denies the remaining allegations contained in the introductory paragraphs of Plaintiff's Complaint. ANSWER OVERVIEW 1. Defendant admits Plaintiff purports to bring this claim as a collective and class action under the FLSA and MMWL, however, Defendant denies any wrongdoing under the Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 2 of 17 PageID #: 36 FLSA and Missouri law, and similarly denies the remaining allegations contained in Paragraph 1 of Plaintiff's Complaint. 2. Defendant denies the allegations contained in Paragraph 2 of Plaintiff's Complaint. 3. Defendant denies the allegations contained in Paragraph 3 of Plaintiff's Complaint. 4. Defendant denies the allegations contained in Paragraph 4 of Plaintiff's Complaint. 5. Defendant denies the allegations contained in Paragraph 5 of Plaintiff's Complaint. 6. Defendant denies the allegations contained in Paragraph 6 of Plaintiff's Complaint. 7. Defendant denies the allegations contained in Paragraph 7 of Plaintiff's Complaint. 8. Defendant denies the allegations contained in Paragraph 8 of Plaintiff's Complaint. 9. The allegations contained in Paragraph 9 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 10. Defendant admits that Plaintiff purports to bring this claim as a collective and class action under the FLSA and under Missouri law, however, Defendant denies any wrongdoing under the FLSA and, and similarly denies the remaining allegations contained in Paragraph 10 of Plaintiff's Complaint. 2 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 3 of 17 PageID #: 37 11. The allegations contained in Paragraph 11 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 12. The allegations contained in Paragraph 12 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. THE PARTIES 13. Defendant admits it employed Plaintiff from September 4, 2017 until July 27, 2018. Defendant denies the remaining allegations contained in Paragraph 13 of Plaintiff's Complaint. 14. The allegations contained in Paragraph 14 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 15. The allegations contained in Paragraph 15 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 16. Defendant admits the allegations contained in Paragraph 16 of Plaintiff's Complaint. JURISDICTION AND VENUE 17. Defendant admits that if unlawful conduct occurred, jurisdiction and venue in this Court would be proper; however, Defendant denies any wrongdoing and similarly denies the remaining allegations and inferences contained in Paragraph 17 of Plaintiff's Complaint. 3 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 4 of 17 PageID #: 38 18. Defendant admits that if unlawful conduct occurred, jurisdiction and venue in this Court would be proper; however, Defendant denies any wrongdoing and similarly denies the remaining allegations and inferences contained in Paragraph 18 of Plaintiff's Complaint. 19. Defendant admits that if unlawful conduct occurred, jurisdiction and venue in this Court would be proper; however, Defendant denies any wrongdoing and similarly denies the remaining allegations and inferences contained in Paragraph 19 of Plaintiff's Complaint. 20. Defendant admits that if unlawful conduct occurred, jurisdiction and venue in this Court would be proper; however, Defendant denies any wrongdoing and similarly denies the remaining allegations and inferences contained in Paragraph 20 of Plaintiff's Complaint. 21. Defendant admits the allegations contained in Paragraph 21 of Plaintiff's Complaint. 22. Defendant admits that if unlawful conduct occurred, jurisdiction and venue in this Court would be proper; however, Defendant denies any wrongdoing and similarly denies the remaining allegations and inferences contained in Paragraph 22 of Plaintiff's Complaint. ADDITIONAL FACTS 23. Defendant admits the allegations contained in Paragraph 23 of Plaintiff's Complaint. 24. Defendant admits Plaintiff removed pallets from a conveyor belt and performed necessary repairs to pallets. Defendant denies the remaining allegations contained in Paragraph 24 of Plaintiff's Complaint. 25. Defendant admits it employed Plaintiff as a pallet repairman from September 4, 2017 until July 27, 2018. Defendant denies the remaining allegations contained in Paragraph 25 of Plaintiff's Complaint. 4 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 5 of 17 PageID #: 39 26. Defendant admits Plaintiff was paid a piece rate during part of his employment. Defendant denies the remaining allegations contained in Paragraph 26 of Plaintiff's Complaint. 27. Defendant denies the allegations contained in Paragraph 27 of Plaintiff's Complaint. 28. Defendant denies the allegations contained in Paragraph 28 of Plaintiff's Complaint. 29. The allegations contained in Paragraph 29 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 30. Defendant admits the allegations contained in Paragraph 30 of Plaintiff's Complaint. 31. Defendant admits the allegations contained in Paragraph 31 of Plaintiff's Complaint. 32. Defendant admits the allegations contained in Paragraph 32 of Plaintiff's Complaint. 33. Defendant admits the allegations contained in Paragraph 33 of Plaintiff's Complaint. 34. The allegations contained in Paragraph 34 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 35. Defendant admits Plaintiff worked in a factory setting. Defendant denies the remaining allegations contained in Paragraph 35 of Plaintiff's Complaint. 5 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 6 of 17 PageID #: 40 36. Defendant denies the allegations contained in Paragraph 36 of Plaintiff's Complaint. 37. Defendant denies the allegations contained in Paragraph 37 of Plaintiff's Complaint. 38. Defendant denies the allegations contained in Paragraph 38 of Plaintiff's Complaint. 39. Defendant denies the allegations contained in Paragraph 39 of Plaintiff's Complaint. 40. Defendant denies the allegations contained in Paragraph 40 of Plaintiff's Complaint. 41. Defendant denies the allegations contained in Paragraph 41 of Plaintiff's Complaint. 42. Defendant denies the allegations contained in Paragraph 42 of Plaintiff's Complaint. 43. Defendant denies the allegations contained in Paragraph 43 of Plaintiff's Complaint. CAUSES OF ACTION COUNT ONE 44. Defendant incorporates its responses to the foregoing paragraphs as if fully set forth herein. 45. The allegations contained in Paragraph 45 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 6 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 7 of 17 PageID #: 41 46. The allegations contained in Paragraph 46 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 47. The allegations contained in Paragraph 47 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 48. The allegations contained in Paragraph 48 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 49. The allegations contained in Paragraph 49 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 50. The allegations contained in Paragraph 50 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 51. The allegations contained in Paragraph 51 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 52. The allegations contained in Paragraph 52 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 7 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 8 of 17 PageID #: 42 53. The allegations contained in Paragraph 53 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 54. The allegations contained in Paragraph 54 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 55. Defendant denies the allegations contained in Paragraph 55 of Plaintiff's Complaint. 56. Defendant denies the allegations contained in Paragraph 56 of Plaintiff's Complaint. 57. Defendant denies the allegations contained in Paragraph 57 of Plaintiff's Complaint. 58. Defendant denies the allegations contained in Paragraph 58 of Plaintiff's Complaint. 59. Defendant denies the allegations contained in Paragraph 59 of Plaintiff's Complaint. 60. Defendant denies the allegations contained in Paragraph 60 of Plaintiff's Complaint. 61. Defendant denies the allegations contained in Paragraph 61 of Plaintiff's Complaint. 62. Defendant incorporates its responses to the foregoing paragraphs as if fully set forth herein. 8 Case: 4:19-cv-00096-AGF Doc. #: 11 Filed: 04/03/19 Page: 9 of 17 PageID #: 43 63. The allegations contained in Paragraph 63 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 64. Defendant denies the allegations contained in Paragraph 64 of Plaintiff's Complaint. 65. The allegations contained in Paragraph 65 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 66. Defendant denies the allegations contained in Paragraph 66 of Plaintiff's Complaint. 67. Defendant denies the allegations contained in Paragraph 67 of Plaintiff's Complaint. 68. Defendant denies the allegations contained in Paragraph 68 of Plaintiff's Complaint. 69. The allegations contained in Paragraph 69 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a response is required, Defendant denies same. 70. The allegations contained in Paragraph 70 of Plaintiff's Complaint assert a legal conclusion to which no response is required. To the extent a res